A Michigan real estate agent is explaining the recording process to a seller client. Which of the following statements about Michigan's recording system is NOT accurate?
Correct Answer
A) An unrecorded deed is void and unenforceable between the original grantor and grantee
The statement that an unrecorded deed is void and unenforceable between the original grantor and grantee is NOT accurate. Under Michigan law, a deed is valid and enforceable between the parties (grantor and grantee) as soon as it is properly executed and delivered, regardless of whether it is recorded. Recording affects the deed's enforceability against third parties — specifically subsequent purchasers and encumbrancers — but does not determine the deed's validity between the original parties to the transaction.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
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